CONSTITUTION OF 1868

ARTICLE I.

That the great, general and essential principles of liberty and free
government may be recognized and established, WE DECLARE:

Section 1. That all men are created equal; that they are endowed
by their Creator with certain inalienable rights; that among these are life,
liberty, and the pursuit of happiness.

Section 2. That all persons resident in this state, born in the United
States, or naturalized, or who shall have legally declared their intention
to become citizens of the United States, are hereby declared citizens of
the State of Alabama, possessing equal civil and political rights and public
privileges.

Section 3. That all political power is inherent in the people, and
all free governments are founded on their authority, and instituted for
their benefit; and that, therefore, they have, at all times, an inherent
right to change their form of government, in such manner as they may deem
expedient.

Section 4. That no person shall be deprived of the right to worship-God
according to the dictates of his own conscience.

Section 5. That no religion shall be established by law.

Section 6. That any citizen may speak, write, and publish his sentiments
on all subjects, being responsible for the abuse of that liberty.

Section 7. That the people shall be secure in their persons, houses,
papers and possessions, from unreasonable seizures or searches, and that
no warrant shall issue to search any place, or to seize any person or thing
without probable cause, supported by oath or affirmation.

Section 8. That in all criminal prosecutions, the accused has a right
to be heard by himself and counsel, or either; to demand the nature and
cause of the accusation; to have a copy thereof; to be confronted by the
witnesses against him; to have compulsory process for obtaining witnesses
in his favor; and in all prosecutions by indictment or information, a speedy
public trial, by an impartial jury of the county or district in which the
offence was committed; and that he shall not be compelled to give evidence
against himself, or be deprived of his life, liberty or property, but by
due process of law.

Section 9. That no person shall be accused or arrested, or detained,
except in cases ascertained by law, and according to the forms which the
same has prescribed; and that no person shall be punished but by virtue
of a law established and promulgated prior to the offence, and legally applied.

Section 10. That no person shall, for any indictable offence, be
proceeded against criminally, by information, except in cases arising in
the land and naval service, or in the militia when in actual service, or
by leave of the court for oppressions or misdemeanor in office: Provided,
That in cases of petit larceny, assault, assault and battery, affray, unlawful
assemblies, vagrancy, and other misdemeanors, the General Assembly may,
by law, dispense with a grand jury, and authorize such prosecutions and
proceedings before justices of the peace, or such other inferior courts
as may be by law established.

Section 11. That no person shall, for the same offence, be twice
put in jeopardy of life or limb.

Section 12. That no person shall be debarred from prosecuting or
defending, before any tribunal in the state, by himself, or counsel, any
civil cause to which he is a party.

Section 13. That the right of trial by jury shall remain inviolate.

Section 14. That in prosecution for the publication of papers investigating
the official conduct of officers, or men in public capacity, or when the
matter published is proper for public information, the truth thereof may
be given in evidence; and that in all indictments for libel, the jury shall
have the right to determine the law and the facts under the direction of
the court.

Section 15. That all courts shall be open, that every person, for
any injury done him in his lands, goods, person or reputation, shall have
a remedy by due process of law; and right and justice shall be administered
without sale, denial or delay.

Section 16. That suits may be brought against the state in such manner
and in such courts as may be by law provided.

Section 17. That excessive fines shall not be imposed, or cruel punishment
inflicted.

Section 18. That all persons shall, before conviction, be bailable
by sufficient sureties, except for capital offences when the proof is evident,
or the presumption great. Excessive bail shall not, in any case, be required.

Section 19. The privilege of writ of habeas corpus shall not be suspended,
except when necessary for public safety in times of rebellion or invasion.

Section 20. That treason against the state shall consist only in
levying war against it, or adhering to its enemies, giving them aid and
comfort; and that no person shall be convicted of treason, except on the
testimony of two witnesses to the same overt act, or his own confession
in open court.

Section 21. That no person shall be attainted of treason by the General
Assembly; and that no conviction shall work corruption of blood or forfeiture
of estate.

Section 22. That no person shall be imprisoned for debt.

Section 23. That no power of suspending laws shall be exercised,
except by the General Assembly, or by its authority.

Section 24. That no ex post facto law, or any law impairing the obligation
of contracts, shall be made.

Section 25. That private property shall not be taken or applied for
public use, unless just compensation be made therefor ; nor shall private
property be taken for private use, or for the use of corporations, other
than municipal, without the consent of the owner : Provided, however, That
laws may be made securing to persons or corporations, the right of way over
the lands of either persons or corporations, and for works of internal improvement,
the right to establish depots, stations, and turnouts, but just compensation
shall, in all cases, be first made to the owner.

Section 26. That all navigable waters shall remain forever public
highways, free to the citizens of the state, and of the United States, without
tax, impost or toll imposed; and that no tax, toll, impost or wharfage shall
be demanded or received from the owner of any merchandise or commodity for
the shores, or any wharf erected on the shores, or in, or over the waters
of any navigable stream, unless the same be expressly authorized by the
General Assembly.

Section 27. That the citizens have a right, in a peaceable manner,
to assemble together for the common good and to apply to those invested
with the power of government, for redress of grievances or other purposes,
by petition, address or remonstrance.

Section 28. That every citizen has a right to bear arms in defence
of himself and the state.

Section 29. That no person who conscienciously scruples to bear arms
shall be compelled to do so, but may pay an equivalent for personal service.

Section 30. That no standing army shall be kept up without the consent
of the General Assembly; and, in that case, no appropriation for its support
shall be made for a longer term than one year and the military shall, in
all cases, and at all times, be in strict subordination to the civil power.

Section 31. That no soldier shall, in time of peace, be quartered
in any house, without the consent of the owner; or in time of war, but in
a manner to be prescribed by law.

Section 32. That no title of nobility, or hereditary distinction,
privilege, honor, or emolument, shall ever be granted or conferred in this
state; that no property qualification shall be necessary to the election
to, or holding of any office in this state, and that no office shall be
created, the appointment to which shall be for a longer time than during
good behavior.

Section 33. That emigration from the state shall not be prohibited
; and that no citizen shall be exiled.

Section 34. That temporary absence from the state shall not cause
a forfeiture of residence once obtained.

Section 35. That no form of slavery shall exist in this state; and
there shall be no involuntary servitude, otherwise than for the punishment
of crime, of which the party shall have been duly convicted.

Section 36. The right of suffrage shall be protected by laws, regulating
elections, and prohibiting, under adequate penalties, all undue influences
from power, bribery, tumult or other improper conduct.

Section 37. That this state has no right to sever its relations to
the Federal Union, or to pass any law in derogation of the paramount allegiance
of the citizens of this state to the government of the United States.

Section 38. That this enumeration of certain rights shall not impair
or deny others retained by the people.